The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1887-01-12
w EDNESDAY
January 18th.
REGULATIONS FOR The SALE OF
OPIUM.

In our "By Authority" column we
print the regulations for the sale of
opium, promulgated by His Excellency
Mr.. Aholo. The Minister of the Interior
is empowered by law to make "rules
and regulations for the proper regulation
of the sale OF opium or it's preparations
under the Act" He is not empowered,
however, to enlarge upon or add to the
statute But His Excellency Mr..
Aholo has done so, and there can be
little doubt that in this regard he has
gone outside and beyond the law.
There is some excuse, perhaps, in the
but it does not therefore follow that the
Minister of the Interior should supple
ment the statute and make regulations
TO take the place of law. This, how
ever, is what Mr.. Aholo appears to have
lone under section s, which gives HIM
general power to make regulations for
the sale of opium. In our judgment the
regulations in question are not worth the
paper they are printed upon, and their
observance may subject the license to
the penalties under the Act. 1t is no
excuse to say that the law is defective in
its machinery. Those who are now
attempting to amend the law by regula-
tinns would not listen to reason while the
bill was before the Legislature, but in
sisted upon passing it as it stood. Per
haps this is saying too much, however,
seeing that Mr. Cecil Brown moved the
provision authorizing the Minister of the
tons under the Act; but most certainly
this does not empower that Minister to
supplement it. The rules and regula-
tons must be in accordance with law
and not supplemental to or in excess of
it.
The rules in question do not conine
themselves to regulations within the
statute; they go outside and supplement
the law. For example, the law con-
templates one icensee, one official
record and one place where opium may
De sold; the regulations promulgated by
Mr.. Aholo authorize the licensee to APP
point agents who are to be empowered
to sell opium throughout the Kingdom.
We fail to see any authority under the
law fer such regulation. On the con-
trary, the law proceeds upon the theory
that there shall be one license and one
place of opium sale, and that there shall
be one book of record of sales, and one
only. His Excellency Mr.. Aholo, how
ever, supplements the law by regulation,
and authorizes the licensee to appoint
agents for the sale of opium, but he does
not enjoin them to keep books of record
Ii the licensee does SO he will probably
come to grief, and the Minister of the
Interior will not be able to help him.
Another point deserving of mention
arises out of No. 5 of the resolutions. 1t
imposes a charge of 81 for each license
70 be issued by the Marshal under section
Z OF the Act, "one-half of which fee shall
be for the benefit of the Hawaiian Gov
eminent, and the other to the Marshal"
We are amazed at such an official reg
ulation. Section Z of the law provides
that any person obtaining physicians
certificate that he is entitled to con-
sumo opium shall "obtain a license from
the Marshal or his deputy as herein
after provided, authorizing the intending
purchaser to use opium or any prepara-
tion thereof" Now, it SO happens that
there is no las hereinafter provided ,,
and the section in question was amended
ia the Legislature by STRIKING ont
authority to the Marshal to charge fftv
cents for each such certificate. Yet
here we have His Excellency Mr.. Aholo
not only giving half dollar to Marshal
for each opium license, but
exacting another half-dollar ''for the
benefit OF the Hawaiian Government.
which is sufficiently guarded by the
license, revenue stamp and import duty
on opium. This is thrift with VEN
geance; but somehow it is thriftless
thrift, because it does not call upon the
Marshal for an accounting. There is no
check established "to the benefit of the
hawaiian Government" and no agent
s mentioned flor the receipt, custody,
md accounting of this half dollar opium
ind received on its behalf.
The sixth regulation provides that the
medical fee shall be 81, which fee shall
'elong to the physician. Now, when it